Terms of Service

1. Acceptance of Terms

By accessing or using the Talky AI platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including businesses and their authorized representatives ("Users").

2. Description of Service

Talky AI provides an enterprise AI-powered communication platform that includes:

• AI-powered voice calls and conversations
• SMS messaging automation
• Text chat interfaces
• Campaign management tools
• Analytics and reporting
• Integration with third-party services

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

3. User Accounts

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations, including telemarketing and communication laws
• Send unsolicited communications (spam) or make calls without proper consent
• Harass, abuse, or harm another person or entity
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any portion of the Service
• Use the Service for any fraudulent or deceptive purposes
• Transmit any malware, viruses, or harmful code
• Violate the privacy rights of others

5. Anti-Spam Policy and User Liability

5.1 User Responsibility

By using the Service, you acknowledge and agree that:

• You are solely responsible for all communications initiated through your account
• You will not use the Service to send spam, unsolicited messages, or make unwanted calls
• You will obtain proper consent from all recipients before initiating any communication
• You will maintain accurate and up-to-date opt-out and do-not-call lists
• You will honor all opt-out requests promptly

5.2 Phone Number Verification

By using the Service, you represent and warrant that:

• Any phone number you use to access or register for the Service belongs to you or you have explicit authorization to use it
• Any phone numbers you upload or use for outbound communications have been obtained with proper consent
• You will not use phone numbers that have been obtained through deceptive or illegal means

5.3 Liability for Violations

You agree to be fully liable for any violations of this Anti-Spam Policy, including but not limited to:

• All fines, penalties, and legal fees resulting from your misuse of the Service
• Damages caused to third parties as a result of your communications
• Any harm to Talky AI's reputation or operations caused by your actions

5.4 Consequences of Violation

Violation of this Anti-Spam Policy may result in:

• Immediate suspension or termination of your account without refund
• Reporting to relevant authorities and regulatory bodies
• Legal action to recover damages and costs
• Cooperation with law enforcement investigations

6. Communication Compliance

When using our communication services, you agree to comply with all applicable laws and regulations, including but not limited to:

• Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act
• Do Not Call regulations
• State and local telemarketing laws
• GDPR and other privacy regulations where applicable

You are solely responsible for obtaining all necessary consents from individuals before initiating communications through our platform.

7. Investigation and Cooperation with Authorities

You acknowledge and agree that:

• Talky AI may investigate any suspected violation of these Terms, applicable laws, or abusive behavior
• Talky AI reserves the right to monitor usage patterns to detect potential abuse or violations
• In the event of suspected illegal activity, fraud, spam, or abuse, Talky AI will cooperate fully with law enforcement agencies and regulatory bodies
• Talky AI may disclose your account information, communication records, and usage data to legal entities, law enforcement, or regulatory authorities when required by law or when we believe in good faith that such disclosure is necessary to:
  • Comply with legal obligations or respond to lawful requests
  • Protect the rights, property, or safety of Talky AI, our users, or the public
  • Investigate or prevent suspected illegal activity, fraud, or abuse
  • Enforce our Terms of Service
• You waive any claims against Talky AI arising from such investigations or disclosures made in good faith

8. Demo Calls and Trial Services

By requesting a demo call through our platform:

• You consent to receive an automated AI-powered call at the phone number you provide
• You confirm that you are authorized to receive calls at that number
• You understand the call is for demonstration purposes only

9. Intellectual Property

The Service and its original content, features, and functionality are owned by Talky AI and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of any content you submit through the Service, but grant us a license to use, store, and process such content as necessary to provide the Service.

10. Third-Party Services

The Service may integrate with or contain links to third-party services. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk.

11. Payment Terms

For paid subscriptions:

• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable unless otherwise specified
• We reserve the right to change pricing with 30 days notice
• Failure to pay may result in suspension or termination of service

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALKY AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims under these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless Talky AI and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of your use of the Service or violation of these Terms.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

17. Dispute Resolution

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: talky@thescaledup.com
• Website: https://talky-ai.com